Illinois General Assembly - Full Text of HB4769
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Full Text of HB4769  102nd General Assembly




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1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Behavior Analyst Licensing Act.
6    Section 5. Public policy. The practice of applied behavior
7analysis is declared to affect public health, safety, and
8welfare and is subject to regulation in the public interest.
9The purpose of this Act is to protect and benefit the public by
10setting standards of qualifications, education, training, and
11experience for those who seek to obtain a license and hold the
12title of "licensed behavior analyst" or "licensed assistant
13behavior analyst", to promote high standards of professional
14performance for those licensed to practice applied behavior
15analysis in the State, to protect the public from the practice
16of applied behavior analysis by unqualified persons and from
17unprofessional conduct by persons licensed to practice applied
18behavior analysis.
19    Section 10. Definitions. As used in this Act:
20    "Address of record" means the designated address recorded
21by the Department in the applicant's or licensee's application
22file or license file as maintained by the Department's



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1licensure maintenance unit.
2    "Board" means the Advisory Board of Behavior Analysts
3appointed by the Secretary.
4    "Department" means the Department of Financial and
5Professional Regulation.
6    "Email address of record" means the designated email
7address recorded by the Department in the applicant's
8application file or the licensee's license file as maintained
9by the Department's licensure maintenance unit.
10    "Licensed assistant behavior analyst" means an individual
11licensed under this Act to engage in practice as an assistant
12behavior analyst under the supervision of a licensed behavior
13analyst or a licensed clinical psychologist.
14    "Licensed behavior analyst" means an individual licensed
15to engage in the practice of applied behavior analysis.
16    "Practice of applied behavior analysis" means the design,
17implementation, and evaluation of instructional and
18environmental modifications to produce socially significant
19improvement in human behavior. "Practice of applied behavior
20analysis" includes the empirical identification of functional
21relations between behavior environmental factors, known as
22functional assessment and analysis. Applied behavior analysis
23interventions are based on scientific research and the direct
24observation and measurement of behavior and environment.
25Applied behavior analysis interventions utilize contextual
26factors, motivating operations, antecedent stimuli, positive



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1reinforcement, and other procedures to help individuals
2develop new behaviors, increase or decrease existing
3behaviors, and elicit behaviors under specific environmental
4conditions. The practice of applied behavior analysis excludes
5the diagnosis of disorders, psychological testing,
6psychotherapy, cognitive therapy, psychoanalysis, and
8    "Secretary" means the Secretary of Financial and
9Professional Regulation.
10    Section 15. Address of record; email address of record.
11All applicants and licensees shall:
12        (1) provide a valid address and email address to the
13    Department, which shall serve as the address of record and
14    email address of record, respectively, at the time of
15    application for licensure or renewal of a license; and
16        (2) inform the Department of any change of address of
17    record or email address of record within 14 days after the
18    change, either through the Department's website or by
19    contacting the Department's licensure maintenance unit.
20    Section 20. License required; exemptions.
21    (a) Beginning 30 months after the effective date of this
22Act, an individual shall not engage in the practice of applied
23behavior analysis unless licensed under this Act or covered by
24an exemption under subsection (c).



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1    (a-5) An individual licensed under this Act as an
2assistant behavior analyst shall not engage in the practice of
3applied behavior analysis unless supervised by a licensed
4clinical psychologist or licensed behavior analyst.
5    (b) Beginning 30 months after the effective date of this
6Act, an individual shall not use the title "licensed behavior
7analyst", "L.B.A.", "licensed assistant behavior analyst",
8"L.A.B.A.", or similar words or letters indicating the
9individual is licensed as a behavior analyst or assistant
10behavior analyst unless the individual is actually licensed
11under this Act.
12    (c) This Act does not prohibit any of the following:
13        (1) Self-care by a patient or uncompensated care by a
14    friend or family member who does not represent or hold
15    oneself out to be a behavior analyst or assistant behavior
16    analyst.
17        (2) An individual from implementing a behavior
18    analytic treatment plan under the extended authority,
19    direction, and supervision of a licensed behavior analyst
20    or licensed assistant behavior analyst.
21        (3) A clinical psychologist, social worker,
22    psychiatric nurse, speech-language pathologist,
23    audiologist, professional counselor, clinical
24    professional counselor, clinical social worker, or
25    marriage and family therapist from performing or
26    advertising activities that are considered to be the



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1    practice of applied behavior analysis under this Act if
2    the activities are consistent with the laws of this State,
3    the individual's training, and any code of ethics of the
4    individual's respective professions, so long as the
5    individual does not use the titles provided in subsection
6    (b).
7        (4) An individual from performing activities that are
8    considered to be the practice of applied behavior analysis
9    under this Act if the activities are with nonhumans,
10    including applied animal behaviorists and animal trainers.
11    The individual may use the title "behavior analyst" but
12    shall not represent oneself as a licensed behavior analyst
13    or licensed assistant behavior analyst unless the
14    individual holds a license issued by the State.
15        (5) An individual who provides general applied
16    behavior analysis services to organizations, so long as
17    the services are for the benefit of the organizations and
18    do not involve direct services to individuals. The
19    individual may use the title "behavior analyst" but may
20    not represent oneself as a licensed behavior analyst or
21    licensed assistant behavior analyst unless the individual
22    holds a license issued by the State.
23        (6) An individual who is a matriculated student at a
24    nationally accredited university approved in rules or a
25    postdoctoral fellow from performing activities that are
26    considered to be the practice of applied behavior analysis



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1    under this Act if the activities are part of a defined
2    program of study, course, practicum, internship, or
3    postdoctoral fellowship, provided that the applied
4    behavior analysis activities are directly supervised by a
5    licensed behavior analyst under this Act or a licensed
6    clinical psychologist.
7        (7) An individual who is not licensed under this Act
8    from pursuing field experience in the practice of behavior
9    analysis if the experience is supervised by a licensed
10    behavior analyst or a licensed psychologist.
11        (8) An individual with a learning behavior specialist
12    or school support personnel endorsement from the State
13    Board of Education, the school district in which the
14    school is located, or a special education joint agreement
15    serving the school district in which the school is located
16    from delivering behavior analytic services in a school
17    setting when employed by that school as long as those
18    services are defined in the scope of practice for that
19    endorsement and that person is not in any manner held out
20    to the public as a licensed behavior analyst or licensed
21    assistant behavior analyst.
22        (9) A qualified intellectual disabilities
23    professional, meeting the minimum federal education
24    requirements outlined in 42 CFR 483.430, who is performing
25    the duties required for individuals with intellectual or
26    developmental disabilities in programs and facilities



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1    regulated by the federal Centers for Medicare and Medicaid
2    Services, the Department of Human Services, or the
3    Department of Public Health, so long as the individual
4    does not use the titles provided in subsection (b).
5        (10) A service provider, designated by the Department
6    of Human Services, from providing behavior intervention
7    and treatment, so long as the individual does not use the
8    titles provided in subsection (b).
9    (d) This Act does not apply to an individual who, on the
10effective date of this Act, is engaging in the practice of
11applied behavior analysis under the medical assistance program
12under the Illinois Public Aid Code while that individual is
13seeking the education, training, and experience necessary to
14obtain a license under this Act.
15    (e) No licensed behavior analyst or licensed assistant
16behavior analyst shall engage in the practice of
17speech-language pathology or the practice of audiology, as
18defined in the Illinois Speech-Language Pathology and
19Audiology Practice Act, unless licensed to do so under that
21    Section 25. Applications for original license. An
22application for original licenses shall be made to the
23Department on forms or electronically as prescribed by the
24Department and accompanied by the required fee, which shall
25not be refundable. All applications shall contain information



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1which, in the judgment of the Department, will enable the
2Department to pass on the qualifications of the applicant for
3a license as a licensed behavior analyst or licensed assistant
4behavior analyst.
5    A license to practice shall not be denied to an applicant
6because of the applicant's race, religion, creed, national
7origin, political beliefs or activities, age, sex, sexual
8orientation, or physical disability that does not affect a
9person's ability to practice with reasonable judgment, skill,
10or safety.
11    For a person who has successfully completed a graduate
12degree from a nationally or regionally accredited university
13approved by the Department and can demonstrate that the person
14has passed a competency examination authorized by the
15Department before the effective date of this Act, the
16Department may allow that person to apply for licensure under
17the terms of this Act beginning 20 months after the effective
18date of this Act.
19    An applicant has 3 years after the date of application to
20complete the application process. If the process has not been
21completed in 3 years, the application shall be denied, the fee
22shall be forfeited, and the applicant must reapply and meet
23the requirements in effect at the time of reapplication.
24    Section 30. Qualifications for behavior analyst license.
25    (a) A person qualifies to be licensed as a behavior



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1analyst if that person:
2        (1) has applied in writing or electronically on forms
3    prescribed by the Department;
4        (2) is a graduate of a graduate level program in the
5    field of behavior analysis from a regionally accredited
6    university approved by the Department;
7        (3) has completed at least 500 hours of supervision of
8    behavior analysis, as defined by rule;
9        (4) has qualified for and passed the examination for
10    the practice of behavior analysis as authorized by the
11    Department; and
12        (5) has paid the required fees.
13    (b) The Department may issue a license to a certified
14behavior analyst seeking licensure as a licensed behavior
15analyst who (i) does not have the supervised experience as
16described in paragraph (3) of subsection (a), (ii) applies for
17licensure before July 1, 2028, and (iii) has completed all of
18the following:
19        (1) has applied in writing or electronically on forms
20    prescribed by the Department;
21        (2) is a graduate of a graduate level program in the
22    field of behavior analysis from a regionally accredited
23    university approved by the Department;
24        (3) submits evidence of certification by an
25    appropriate national certifying body as determined by rule
26    of the Department;



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1        (4) has passed the examination for the practice of
2    behavior analysis as authorized by the Department; and
3        (5) has paid the required fees.
4    (c) An applicant has 3 years after the date of application
5to complete the application process. If the process has not
6been completed in 3 years, the application shall be denied,
7the fee shall be forfeited, and the applicant must reapply and
8meet the requirements in effect at the time of reapplication.
9    (d) Each applicant for licensure as an behavior analyst
10shall have his or her fingerprints submitted to the Illinois
11State Police in an electronic format that complies with the
12form and manner for requesting and furnishing criminal history
13record information as prescribed by the Illinois State Police.
14These fingerprints shall be transmitted through a live scan
15fingerprint vendor licensed by the Department. These
16fingerprints shall be checked against the Illinois State
17Police and Federal Bureau of Investigation criminal history
18record databases now and hereafter filed, including, but not
19limited to, civil, criminal, and latent fingerprint databases.
20The Illinois State Police shall charge a fee for conducting
21the criminal history records check, which shall be deposited
22in the State Police Services Fund and shall not exceed the
23actual cost of the records check. The Illinois State Police
24shall furnish, pursuant to positive identification, records of
25Illinois convictions as prescribed under the Illinois Uniform
26Conviction Information Act and shall forward the national



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1criminal history record information to the Department.
2    Section 35. Qualifications for assistant behavior analyst
4    (a) A person qualifies to be licensed as an assistant
5behavior analyst if that person:
6        (1) has applied in writing or electronically on forms
7    prescribed by the Department;
8        (2) is a graduate of a bachelor's level program in the
9    field of behavior analysis from a regionally accredited
10    university approved by the Department;
11        (3) has met the supervised work experience;
12        (4) has qualified for and passed the examination for
13    the practice of behavior analysis as a licensed assistant
14    behavior analyst as authorized by the Department; and
15        (5) has paid the required fees.
16    (b) The Department may issue a license to a certified
17assistant behavior analyst seeking licensure as a licensed
18assistant behavior analyst who (i) does not have the
19supervised experience as described in paragraph (3) of
20subsection (a), (ii) applies for licensure before July 1,
212028, and (iii) has completed all of the following:
22        (1) has applied in writing or electronically on forms
23    prescribed by the Department;
24        (2) is a graduate of a bachelors level program in the
25    field of behavior analysis;



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1        (3) submits evidence of certification by an
2    appropriate national certifying body as determined by rule
3    of the Department;
4        (4) has passed the examination for the practice of
5    behavior analysis as authorized by the Department; and
6        (5) has paid the required fees.
7    (c) An applicant has 3 years after the date of application
8to complete the application process. If the process has not
9been completed in 3 years, the application shall be denied,
10the fee shall be forfeited, and the applicant must reapply and
11meet the requirements in effect at the time of reapplication.
12    (d) Each applicant for licensure as an assistant behavior
13analyst shall have his or her fingerprints submitted to the
14Illinois State Police in an electronic format that complies
15with the form and manner for requesting and furnishing
16criminal history record information as prescribed by the
17Illinois State Police. These fingerprints shall be transmitted
18through a live scan fingerprint vendor licensed by the
19Department. These fingerprints shall be checked against the
20Illinois State Police and Federal Bureau of Investigation
21criminal history record databases now and hereafter filed,
22including, but not limited to, civil, criminal, and latent
23fingerprint databases. The Illinois State Police shall charge
24a fee for conducting the criminal history records check, which
25shall be deposited in the State Police Services Fund and shall
26not exceed the actual cost of the records check. The Illinois



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1State Police shall furnish, pursuant to positive
2identification, records of Illinois convictions as prescribed
3under the Illinois Uniform Conviction Information Act and
4shall forward the national criminal history record information
5to the Department.
6    Section 40. Endorsement. The Department may issue a
7license as a behavior analyst or assistant behavior analyst to
8an applicant licensed under the laws of another jurisdiction
9if the requirements for licensure in that jurisdiction are, on
10the date of licensure, substantially equivalent to the
11requirements of this Act or to any person who, at the time of
12the applicant's licensure, possessed individual qualifications
13that were substantially equivalent to the requirements then in
14force in this State.
15    An applicant under this Section shall pay the required
16fees. An individual applying for licensure as a licensed
17behavior analyst or assistant behavior analyst who has been
18licensed in another United States jurisdiction for 10
19consecutive years without discipline is not required to submit
20proof of completion of the education, professional experience,
21and supervision required in Section 25 or 30.
22    An individual with 10 consecutive years of experience must
23submit certified verification of licensure from the
24jurisdiction in which the applicant practiced and must comply
25with all other licensing requirements and pay all required



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1fees. If the accuracy of any submitted documentation or the
2relevance or sufficiency of the coursework or experience is
3questioned by the Department or the Board because of a lack of
4information, discrepancies or conflicts in information given,
5or a need for clarification, the applicant seeking licensure
6may be required to provide additional information.
7    An applicant has 3 years after the date of application to
8complete the application process. If the process has not been
9completed in 3 years, the application shall be denied, the fee
10shall be forfeited, and the applicant must reapply and meet
11the requirements in effect at the time of reapplication.
12    Section 45. Behavior Analyst Licensing and Disciplinary
14    (a) The Secretary shall appoint a Behavior Analyst
15Licensing and Disciplinary Board consisting of 5 persons who
16shall serve in an advisory capacity to the Secretary. The
17Board shall consist of the following 5 members appointed by
18the Secretary: one licensed behavior analyst holding a
19doctoral degree, one licensed assistant behavior analyst, 2
20licensed behavior analysts, and one public member. The Board
21shall serve in an advisory capacity.
22    (b) Members shall be appointed for and shall serve 4-year
23terms and until the members' successors are appointed and
24qualified. No member of the Board shall serve more than 2 full
25consecutive 4-year terms. Any appointment to fill a vacancy



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1shall be for the unexpired portion of the term.
2    (c) The membership of the Board should represent racial
3and cultural diversity and reasonably reflect representation
4from different geographic areas of the State.
5    (d) The Secretary may remove any member of the Board for
6any cause that, in the opinion of the Secretary, reasonably
7justifies termination.
8    (e) The Secretary may consider the recommendation of the
9Board on all matters and questions relating to this Act, such
10as: (i) matters relating to continuing education, including
11the number of hours necessary for license renewal, waivers for
12those unable to meet such requirements, and acceptable course
13content; and (ii) rules for the administration of this Act.
14    (f) The Board shall annually elect one of its members as
15chairperson and one as vice chairperson.
16    (g) Members of the Board shall be reimbursed for all
17legitimate, necessary, and authorized expenses.
18    (h) A majority of the Board members currently appointed
19shall constitute a quorum. A vacancy in the membership of the
20Board shall not impair the right of a quorum to perform all of
21the duties of the Board.
22    (i) Members of the Board shall have no liability in an
23action based upon a disciplinary proceeding or other activity
24performed in good faith as a member of the Board.
25    Section 50. Licenses; renewal; restoration; person in



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1military service; inactive status.
2    (a) The expiration date and renewal period for each
3license issued under this Act shall be set by rule. The
4licensee may renew a license during the 60-day period
5preceding its expiration date by paying the required fee and
6by demonstrating compliance with any continuing education
7requirements. The Department shall adopt rules establishing
8minimum requirements for continuing education and means for
9verification of the completion of the continuing education
10requirements. The Department may, by rule, specify
11circumstances under which the continuing education
12requirements may be waived.
13    (b) Any person who has permitted a license to expire or who
14has a license on inactive status may have it restored by
15submitting an application to the Department and filing proof
16of fitness, as defined by rule, to have the license restored,
17including, if appropriate, evidence that is satisfactory to
18the Department certifying the active practice of behavior
19analysis in another jurisdiction and by paying the required
21    (c) If the person has not maintained an active practice in
22another jurisdiction that is satisfactory to the Department,
23the Department shall determine the person's fitness to resume
24active status. The Department may also require the person to
25complete a specific period of evaluated behavior analysis
26experience and may require successful completion of an



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2    (d) Notwithstanding any other provision of this Act, any
3person whose license expired while on active duty with the
4armed forces of the United States, while called into service
5or training with the State Militia or in training or education
6under the supervision of the United States government prior to
7induction into the military service may have the person's
8license restored without paying any renewal fees if, within 2
9years after the honorable termination of that service,
10training, or education, except under conditions other than
11honorable, the Department is furnished with satisfactory
12evidence that the person has been so engaged and that the
13service, training, or education has been so terminated.
14    (e) The Department shall indicate on each license the
15academic degree of the licensee.
16    Section 55. Suspension of license for failure to pay
17restitution. The Department, without further process or
18hearing, shall suspend the license or other authorization to
19practice of any person issued under this Act who has been
20certified by court order as not having paid restitution to a
21person under Section 8A-3.5 of the Illinois Public Aid Code or
22under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or
23the Criminal Code of 2012. A person whose license or other
24authorization to practice is suspended under this Section is
25prohibited from practicing until the restitution is made in



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2    Section 60. Grounds for disciplinary action.
3    (a) The Department may refuse to issue or renew a license,
4or may suspend, revoke, place on probation, reprimand, or take
5any other disciplinary or nondisciplinary action deemed
6appropriate by the Department, including the imposition of
7fines not to exceed $10,000 for each violation, with regard to
8any license issued under the provisions of this Act for any one
9or a combination of the following grounds:
10        (1) material misstatements in furnishing information
11    to the Department or to any other State agency or in
12    furnishing information to any insurance company with
13    respect to a claim on behalf of a licensee or a patient;
14        (2) violations or negligent or intentional disregard
15    of this Act or its rules;
16        (3) conviction of or entry of a plea of guilty or nolo
17    contendere, finding of guilt, jury verdict, or entry of
18    judgment or sentencing, including, but not limited to,
19    convictions, preceding sentences of supervision,
20    conditional discharge, or first offender probation, under
21    the laws of any jurisdiction of the United States that is
22    (i) a felony or (ii) a misdemeanor, an essential element
23    of which is dishonesty, or that is directly related to the
24    practice of behavior analysis;
25        (4) fraud or misrepresentation in applying for or



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1    procuring a license under this Act or in connection with
2    applying for renewal or restoration of a license under
3    this Act;
4        (5) professional incompetence;
5        (6) gross negligence in practice under this Act;
6        (7) aiding or assisting another person in violating
7    any provision of this Act or its rules;
8        (8) failing to provide information within 60 days in
9    response to a written request made by the Department;
10        (9) engaging in dishonorable, unethical, or
11    unprofessional conduct of a character likely to deceive,
12    defraud, or harm the public as defined by the rules of the
13    Department or violating the rules of professional conduct
14    adopted by the Department;
15        (10) habitual or excessive use or abuse of drugs
16    defined in law as controlled substances, of alcohol, or of
17    any other substances that results in the inability to
18    practice with reasonable judgment, skill, or safety;
19        (11) adverse action taken by another state or
20    jurisdiction if at least one of the grounds for the
21    discipline is the same or substantially equivalent to
22    those set forth in this Section;
23        (12) directly or indirectly giving to or receiving
24    from any person, firm, corporation, partnership, or
25    association any fee, commission, rebate, or other form of
26    compensation for any professional service not actually



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1    rendered; nothing in this paragraph affects any bona fide
2    independent contractor or employment arrangements among
3    health care professionals, health facilities, health care
4    providers, or other entities, except as otherwise
5    prohibited by law; any employment arrangements may include
6    provisions for compensation, health insurance, pension, or
7    other employment benefits for the provision of services
8    within the scope of the licensee's practice under this
9    Act; nothing in this paragraph shall be construed to
10    require an employment arrangement to receive professional
11    fees for services rendered;
12        (13) a finding by the Department that the licensee,
13    after having the license placed on probationary status,
14    has violated the terms of probation or failed to comply
15    with those terms;
16        (14) abandonment, without cause, of a client;
17        (15) willfully making or filing false records or
18    reports relating to a licensee's practice, including, but
19    not limited to, false records filed with federal or State
20    agencies or departments;
21        (16) willfully failing to report an instance of
22    suspected child abuse or neglect as required by the Abused
23    and Neglected Child Reporting Act;
24        (17) being named as a perpetrator in an indicated
25    report by the Department of Children and Family Services
26    under the Abused and Neglected Child Reporting Act, and



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1    upon proof by clear and convincing evidence that the
2    licensee has caused a child to be an abused child or
3    neglected child as defined in the Abused and Neglected
4    Child Reporting Act;
5        (18) physical illness, mental illness, or any other
6    impairment or disability, including, but not limited to,
7    deterioration through the aging process, or loss of motor
8    skills that results in the inability to practice the
9    profession with reasonable judgment, skill, or safety;
10        (19) solicitation of professional services by using
11    false or misleading advertising;
12        (20) violation of the Health Care Worker Self-Referral
13    Act;
14        (21) willfully failing to report an instance of
15    suspected abuse, neglect, financial exploitation, or
16    self-neglect of an eligible adult as defined in and
17    required by the Adult Protective Services Act; or
18        (22) being named as an abuser in a verified report by
19    the Department on Aging under the Adult Protective
20    Services Act, and upon proof by clear and convincing
21    evidence that the licensee abused, neglected, or
22    financially exploited an eligible adult as defined in the
23    Adult Protective Services Act.
24    (b) The determination by a court that a licensee is
25subject to involuntary admission or judicial admission as
26provided in the Mental Health and Developmental Disabilities



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1Code shall result in an automatic suspension of the licensee's
2license. The suspension shall end upon a finding by a court
3that the licensee is no longer subject to involuntary
4admission or judicial admission and issues an order so finding
5and discharging the patient, and upon the recommendation of
6the Board to the Secretary that the licensee be allowed to
7resume professional practice.
8    (c) The Department shall refuse to issue or renew or may
9suspend the license of a person who (i) fails to file a tax
10return, pay the tax, penalty, or interest shown in a filed tax
11return, or pay any final assessment of tax, penalty, or
12interest, as required by any tax Act administered by the
13Department of Revenue, until the requirements of the tax Act
14are satisfied or (ii) has failed to pay any court-ordered
15child support as determined by a court order or by referral
16from the Department of Healthcare and Family Services.
17    (d) In enforcing this Section, the Department, upon a
18showing of a possible violation, may compel a person licensed
19to practice under this Act, or who has applied for licensure
20under this Act, to submit to a mental or physical examination,
21or both, which may include a substance abuse or sexual
22offender evaluation, as required by and at the expense of the
24        (1) The Department shall specifically designate the
25    examining physician licensed to practice medicine in all
26    of its branches or, if applicable, the multidisciplinary



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1    team involved in providing the mental or physical
2    examination or both. The multidisciplinary team shall be
3    led by a physician licensed to practice medicine in all of
4    its branches and may consist of one or more or a
5    combination of physicians licensed to practice medicine in
6    all of its branches, licensed clinical psychologists,
7    licensed clinical professional counselors, and other
8    professional and administrative staff. Any examining
9    physician or member of the multidisciplinary team may
10    require any person ordered to submit to an examination
11    pursuant to this Section to submit to any additional
12    supplemental testing deemed necessary to complete any
13    examination or evaluation process, including, but not
14    limited to, blood testing, urinalysis, psychological
15    testing, or neuropsychological testing.
16        (2) The Department may order the examining physician
17    or any member of the multidisciplinary team to present
18    testimony concerning this mental or physical examination
19    of the licensee or applicant. No information, report,
20    record, or other documents in any way related to the
21    examination shall be excluded by reason of any common law
22    or statutory privilege relating to communications between
23    the licensee or applicant and the examining physician or
24    any member of the multidisciplinary team. No authorization
25    is necessary from the licensee or applicant ordered to
26    undergo an examination for the examining physician or any



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1    member of the multidisciplinary team to provide
2    information, reports, records, or other documents or to
3    provide any testimony regarding the examination and
4    evaluation.
5        (3) The person to be examined may have, at the
6    person's own expense, another physician of the person's
7    choice present during all aspects of the examination.
8    However, that physician shall be present only to observe
9    and may not interfere in any way with the examination.
10        (4) The failure of any person to submit to a mental or
11    physical examination without reasonable cause, when
12    ordered, shall result in an automatic suspension of the
13    person's license until the person submits to the
14    examination.
15    (e) If the Department finds a person unable to practice
16because of the reasons set forth in this Section, the
17Department or Board may require that person to submit to care,
18counseling, or treatment by physicians approved or designated
19by the Department or Board, as a condition, term, or
20restriction for continued, reinstated, or renewed licensure to
21practice; or, in lieu of care, counseling, or treatment, the
22Department may file, or the Board may recommend to the
23Department to file, a complaint to immediately suspend,
24revoke, or otherwise discipline the license of the person. Any
25person whose license was granted, continued, reinstated,
26renewed, disciplined, or supervised subject to the terms,



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1conditions, or restrictions, and who fails to comply with the
2terms, conditions, or restrictions, shall be referred to the
3Secretary for a determination as to whether the person shall
4have the person's license suspended immediately, pending a
5hearing by the Department.
6    (f) All fines imposed shall be paid within 60 days after
7the effective date of the order imposing the fine or in
8accordance with the terms set forth in the order imposing the
10    If the Secretary immediately suspends a person's license
11under this subsection, a hearing on that person's license must
12be convened by the Department within 30 days after the
13suspension and completed without appreciable delay. The
14Department and Board shall have the authority to review the
15subject person's record of treatment and counseling regarding
16the impairment, to the extent permitted by applicable federal
17statutes and regulations safeguarding the confidentiality of
18medical records.
19    A person licensed under this Act and affected under this
20Section shall be afforded an opportunity to demonstrate to the
21Department or Board that the person can resume practice in
22compliance with acceptable and prevailing standards under the
23provisions of the person's license.
24    Section 65. Illinois Administrative Procedure Act. The
25Illinois Administrative Procedure Act is hereby expressly



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1adopted and incorporated in this Act as if all of the
2provisions of the Illinois Administrative Procedure Act were
3included in this Act, except that the provision of subsection
4(d) of Section 10-65 of the Illinois Administrative Procedure
5Act is expressly excluded, which provides that at hearings the
6license holder has the right to show compliance with all
7lawful requirements for retention, continuation, or renewal of
8a license. For the purposes of this Act, the notice required
9under Section 10-25 of the Illinois Administrative Procedure
10Act is deemed sufficient when served personally upon, mailed
11to the last known address of record of, or emailed to the email
12address of record of a party.
13    Section 70. Unlicensed practice; violation; civil penalty.
14    (a) Any person who practices, offers to practice, attempts
15to practice, or holds oneself out to practice as a licensed
16behavior analyst or licensed assistant behavior analyst
17without being licensed or exempt under this Act shall, in
18addition to any other penalty provided by law, pay a civil
19penalty to the Department in an amount not to exceed $10,000
20for each offense, as determined by the Department. The civil
21penalty shall be assessed by the Department after a hearing is
22held in accordance with the provisions set forth in this Act
23regarding the provision of a hearing for the discipline of a
25    (b) The Department may investigate any actual, alleged, or



HB4769 Enrolled- 27 -LRB102 23872 AMC 33065 b

1suspected unlicensed activity.
2    (c) The civil penalty shall be paid within 60 days after
3the effective date of the order imposing the civil penalty.
4The order shall constitute a final judgment and may be filed
5and execution had thereon in the same manner as any judgment
6from any court of record.
7    Section 75. Violations; injunction; cease and desist
9    (a) If an individual violates a provision of this Act, the
10Secretary may, in the name of the People of the State of
11Illinois, through the Attorney General or the State's Attorney
12of the county in which the violation is alleged to have
13occurred, petition for an order enjoining the violation or for
14an order enforcing compliance with this Act. Upon the filing
15of a verified petition, the court with appropriate
16jurisdiction may issue a temporary restraining order without
17notice or bond, and may preliminarily and permanently enjoin
18the violation. If it is established that the individual has
19violated or is violating the injunction, the court may punish
20the offender for contempt of court. Proceedings under this
21Section are in addition to all other remedies and penalties
22provided by this Act.
23    (b) If an individual holds oneself out as being a licensed
24behavior analyst or a licensed assistant behavior analyst
25under this Act and is not licensed to do so, then any licensed



HB4769 Enrolled- 28 -LRB102 23872 AMC 33065 b

1behavior analyst, licensed assistant behavior analyst,
2interested party, or any person injured thereby may petition
3for relief as provided in subsection (a).
4    (c) Whenever, in the opinion of the Department, an
5individual violates a provision of this Act, the Department
6may issue a rule to show cause why an order to cease and desist
7should not be entered against that person. The rule shall
8clearly set forth the grounds relied upon by the Department
9and shall allow at least 7 days from the date of the rule to
10file an answer satisfactory to the Department. Failure to
11answer to the satisfaction of the Department shall cause an
12order to cease and desist to be issued.
13    Section 80. Powers and duties of the Department.
14    (a) The Department shall exercise the powers and duties
15prescribed by the Civil Administrative Code of Illinois for
16the administration of licensure Acts and shall exercise other
17powers and duties necessary for effectuating the purposes of
18this Act.
19    (b) The Department shall adopt rules to administer and
20enforce this Act, including, but not limited to, fees for
21original licensure and renewal and restoration of licenses,
22and may prescribe forms to be issued to implement this Act. At
23a minimum, the rules adopted by the Department shall include
24standards and criteria for licensure and for professional
25conduct and discipline. The Department may consult with the



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1Board in adopting rules. The Department may at any time seek
2the advice and expert knowledge of the Board on any matter
3relating to the administration of this Act.
4    (c) Subject to the provisions of this Act, the Department
6        (1) Authorize examinations to ascertain the
7    qualifications and fitness of applicants for licensing as
8    licensed behavior analysts or licensed assistant behavior
9    analysts and pass upon the qualifications of applicants
10    for licensure by endorsement.
11        (2) Conduct hearings or proceedings to refuse to issue
12    or renew or to revoke licenses or suspend, place on
13    probation, censure, or reprimand or take any other
14    disciplinary or nondisciplinary action with regard to a
15    person licensed under this Act.
16        (3) Adopt rules required for the administration of
17    this Act.
18        (4) Conduct investigations related to possible
19    violations of this Act, and prescribe forms to be issued
20    for the administration and enforcement of this Act
21    consistent with and reflecting the requirements of this
22    Act and rules adopted pursuant to this Act.
23    (d) All information collected by the Department in the
24course of an examination or investigation of a licensee or
25applicant, including, but not limited to, any complaint
26against a licensee filed with the Department and information



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1collected to investigate any complaint, shall be maintained
2for the confidential use of the Department and shall not be
3disclosed. The Department may not disclose the information to
4anyone other than law enforcement officials, other regulatory
5agencies that have an appropriate regulatory interest as
6determined by the Secretary, or to a party presenting a lawful
7subpoena to the Department. Information and documents
8disclosed to a federal, State, county, or local law
9enforcement agency shall not be disclosed by the agency for
10any purpose to any other agency or person. A formal complaint
11filed against a licensee by the Department or any order issued
12by the Department against a licensee or applicant shall be a
13public record, except as otherwise prohibited by law.
14    Section 85. Investigations; notice; hearing.
15    (a) The Department may investigate the actions of any
16applicant or of any person holding or claiming to hold a
17license under this Act.
18    (b) The Department shall, before disciplining an applicant
19or licensee, at least 30 days prior to the date set for the
20hearing: (i) notify, in writing, the applicant or licensee of
21the charges made and the time and place for the hearing on the
22charges; (ii) direct the applicant or licensee to file a
23written answer to the charges under oath within 20 days after
24the service of the notice; and (iii) inform the applicant or
25licensee that failure to file an answer will result in a



HB4769 Enrolled- 31 -LRB102 23872 AMC 33065 b

1default being entered against the applicant or licensee.
2    (c) Written or electronic notice, and any notice in the
3subsequent proceeding, may be served by personal delivery, by
4email, or by mail to the applicant or licensee at the
5applicant's or licensee's address of record or email address
6of record.
7    (d) At the time and place fixed in the notice, the
8Department shall proceed to hear the charges and the parties
9or the parties' counsel shall be accorded ample opportunity to
10present any statements, testimony, evidence and argument as
11may be pertinent to the charges or to the parties' defense. The
12Board may continue the hearing from time to time.
13    If the person, after receiving the notice, fails to file
14an answer, the person's license may, in the discretion of the
15Secretary, having first received the recommendation of the
16Board, be suspended, revoked, or placed on probationary
17status, or be subject to whatever disciplinary action the
18Secretary considers proper, including limiting the scope,
19nature, or extent of the person's practice or the imposition
20of a fine, without hearing, if the act or acts charged
21constitute sufficient grounds for that action under this Act.
22    Section 90. Subpoenas; depositions; oaths. The Department
23shall have the power to subpoena and to bring before it any
24person and to take testimony either orally or by deposition,
25or both, with the same fees and mileage and in the same manner



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1as prescribed in civil cases in the courts of this State.
2    The Secretary and every member of the Board shall have
3power to administer oaths to witnesses at any hearing which
4the Department is authorized to conduct, and any other oaths
5authorized in any Act administered by the Department.
6    Section 95. Compelling testimony. Any court, upon
7application of the Department, or the applicant or licensee
8against whom proceedings under Section 55 are pending, may
9enter an order requiring the attendance of witnesses and the
10witnesses' testimony, and the production of documents, papers,
11files, books and records in connection with any hearing or
12investigation. The court may compel obedience to its order by
13proceedings for contempt.
14    Section 100. Record of proceedings; transcript.
15    (a) The Department, at its expense, shall preserve a
16record of all proceedings at any formal hearing of any case.
17The notice of hearing, complaint and all other documents in
18the nature of pleadings and written motions filed in the
19proceedings, the transcript of testimony, the report of the
20Board, and the orders of the Department shall be the record of
21the proceedings. The Department shall furnish a copy of the
22record to any person upon payment of the fee required under
23Section 2105-115 of the Department of Professional Regulation
24Law of the Civil Administrative Code of Illinois.



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1    (b) The Board shall hear evidence in support of the formal
2charges and evidence produced by the licensee. At the
3conclusion of the hearing, the Board shall present to the
4Secretary a written report of its findings of fact,
5conclusions of law, and recommendations.
6    Section 105. Findings and recommendations. At the
7conclusion of the hearing the Board shall present to the
8Secretary a written report of its findings of fact,
9conclusions of law, and recommendations. The report shall
10contain a finding as to whether the licensee violated this Act
11or failed to comply with the conditions required in this Act.
12The Board shall specify the nature of the violation or failure
13to comply, and shall make its recommendations to the
15    The report of findings of fact, conclusions of law, and
16recommendations of the Board shall be the basis for the
17Department's order or refusal or for the granting of the
18license or for any disciplinary action, unless the Secretary
19determines that the Board's report is contrary to the manifest
20weight of the evidence, in which case the Secretary may issue
21an order in contravention of the Board's report. The finding
22is not admissible in evidence against the person in a criminal
23prosecution brought for the violation of this Act, but the
24hearing and finding are not a bar to a criminal prosecution
25brought for the violation of this Act.



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1    Section 110. Motion for rehearing. At the conclusion of
2the hearing, a copy of the Board's report shall be served to
3the applicant or licensee by the Department, either personally
4or as provided in this Act for the service of a notice of
5hearing. Within 20 calendar days after service, the applicant
6or licensee may present to the Department a motion in writing
7for a rehearing, which shall specify the particular grounds
8for rehearing. The Department may respond to the motion for
9rehearing within 20 calendar days after its service on the
10Department. If no motion for rehearing is filed, then after
11the expiration of the time specified for filing the motion, or
12upon denial of a motion for rehearing, the Secretary may enter
13an order in accordance with the recommendation of the Board.
14If the applicant or licensee orders from the reporting service
15and pays for a transcript of the record within the time for
16filing a motion for rehearing, the 20-day period within which
17a motion may be filed shall commence upon the delivery of the
18transcript to the applicant or licensee.
19    Section 115. Restoration. At any time after the successful
20completion of a term of probation, suspension, or revocation
21of any license, the Department may restore the license to the
22licensee upon the written recommendation of the Board unless
23after an investigation and hearing the Board or Department
24determines that restoration is not in the public interest.



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1Where circumstances of suspension or revocation so indicate,
2the Department may require an examination of the licensee
3prior to restoring the licensee's license. No person whose
4license has been revoked as authorized in this Act may apply
5for restoration of that license until the time provided for in
6the Civil Administrative Code of Illinois.
7    Section 120. Surrender of license. Upon the revocation or
8suspension of any license, the licensee shall immediately
9surrender the licensee's license to the Department. If the
10licensee fails to do so, the Department shall have the right to
11seize the license.
12    Section 125. Summary suspension of a license. The
13Secretary may summarily suspend the license of a licensed
14behavior analyst or assistant behavior analyst without a
15hearing simultaneously with the institution of proceedings for
16a hearing provided for in this Act if the Secretary finds that
17evidence in the Secretary's possession indicates that a
18licensee's continuation in practice would constitute an
19imminent danger to the public. If the Secretary summarily
20suspends the license without a hearing, a hearing by the Board
21or Department shall be held within 30 calendar days after the
22suspension has occurred.
23    Section 130. Administrative review.



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1    (a) All final administrative decisions of the Department
2hereunder shall be subject to judicial review pursuant to the
3provisions of the Administrative Review Law, and all
4amendments and modifications thereof, and the rules adopted
5pursuant thereto. "Administrative decision" has the same
6meaning as in Section 3-101 of the Code of Civil Procedure.
7    (b) Proceedings for judicial review shall be commenced in
8the circuit court of the county in which the party applying for
9review resides, but if the party is not a resident of the
10State, the venue shall be in Sangamon County.
11    Section 135. Certification of record. The Department shall
12not be required to certify any record to the court, file any
13answer in court, or otherwise appear in any judicial review
14proceedings, unless and until the Department has received from
15the plaintiff payment of the costs of furnishing and
16certifying the record, which costs shall be determined by the
17Department. The failure on the part of the plaintiff to file a
18receipt in court shall be grounds for dismissal of the action.
19    Section 140. Fees. The Department shall provide by rule
20for a schedule of fees for the administration and enforcement
21of this Act, including, but not limited to, original
22licensure, registration, renewal, and restoration. The fees
23shall be nonrefundable.
24    All fees, fines, and penalties collected under this Act



HB4769 Enrolled- 37 -LRB102 23872 AMC 33065 b

1shall be deposited into the General Professions Dedicated Fund
2and shall be appropriated to the Department for the ordinary
3and contingent expenses of the Department in the
4administration of this Act.
5    Section 145. Order; certified copy. An order or a
6certified copy thereof, over the seal of the Department and
7purporting to be signed by the Secretary, shall be prima facie
9        (1) that the signature is the genuine signature of the
10    Secretary;
11        (2) that the Secretary is duly appointed and
12    qualified; and
13        (3) that the Board and its members are qualified to
14    act.
15    Section 150. License restrictions and limitations. No
16business organization shall provide, attempt to provide, or
17offer to provide behavior analysis services unless every
18member, partner, shareholder, director, officer, holder of any
19other ownership interest, agent, and employee who renders
20applied behavior analysis services holds a currently valid
21license issued under this Act. No business shall be created
22that (i) has a stated purpose that includes behavior analysis,
23or (ii) practices or holds itself out as available to practice
24behavior analysis therapy, unless it is organized under the



HB4769 Enrolled- 38 -LRB102 23872 AMC 33065 b

1Professional Service Corporation Act or Professional Limited
2Liability Company Act. Nothing in this Act shall preclude
3individuals licensed under this Act from practicing directly
4or indirectly for a physician licensed to practice medicine in
5all its branches under the Medical Practice Act of 1987 or for
6any legal entity as provided under subsection (c) of Section
722.2 of the Medical Practice Act of 1987.
8    Section 155. Examinations.
9    (a) The Department shall authorize examinations of
10applicants as provided under this Act at such times and places
11as it may determine. The examination of applicants shall be of
12a character to give a fair test of the qualifications of the
13applicant to practice behavior analysis.
14    (b) Applicants for examination shall be required to pay,
15either to the Department or the designated testing service, a
16fee covering the cost of providing the examination.
17    (c) The Department may employ consultants for the purpose
18of preparing and conducting examinations.
19    Section 160. Social Security Number on license
20application. In addition to any other information required to
21be contained in the application, every application for an
22original license under this Act shall include the applicant's
23Social Security Number, which shall be retained in the
24agency's records pertaining to the license. As soon as



HB4769 Enrolled- 39 -LRB102 23872 AMC 33065 b

1practical, the Department shall assign a customer's
2identification number to each applicant for a license.
3    Every application for a renewal or restored license shall
4require the applicant's customer identification number.
5    Section 900. The Regulatory Sunset Act is amended by
6changing Section 4.38 as follows:
7    (5 ILCS 80/4.38)
8    Sec. 4.38. Acts repealed on January 1, 2028. The following
9Acts are repealed on January 1, 2028:
10    The Acupuncture Practice Act.
11    The Behavior Analyst Licensing Act.
12    The Clinical Social Work and Social Work Practice Act.
13    The Home Medical Equipment and Services Provider License
15    The Illinois Petroleum Education and Marketing Act.
16    The Illinois Speech-Language Pathology and Audiology
17Practice Act.
18    The Interpreter for the Deaf Licensure Act of 2007.
19    The Nurse Practice Act.
20    The Nursing Home Administrators Licensing and Disciplinary
22    The Physician Assistant Practice Act of 1987.
23    The Podiatric Medical Practice Act of 1987.
24(Source: P.A. 100-220, eff. 8-18-17; 100-375, eff. 8-25-17;



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1100-398, eff. 8-25-17; 100-414, eff. 8-25-17; 100-453, eff.
28-25-17; 100-513, eff. 9-20-17; 100-525, eff. 9-22-17;
3100-530, eff. 9-22-17; 100-560, eff. 12-8-17.)
4    Section 903. The Illinois Public Aid Code is amended by
5changing Section 5-30.11 as follows:
6    (305 ILCS 5/5-30.11)
7    Sec. 5-30.11. Treatment of autism spectrum disorder.
8Treatment of autism spectrum disorder through applied behavior
9analysis shall be covered under the medical assistance program
10under this Article for children with a diagnosis of autism
11spectrum disorder when ordered by: (1) a physician licensed to
12practice medicine in all its branches and rendered by a
13licensed or certified health care professional with expertise
14in applied behavior analysis; or (2) when evaluated and
15treated by a behavior analyst licensed by the Department of
16Financial and Professional Regulation to practice applied
17behavior analysis in this State. Such coverage may be limited
18to age ranges based on evidence-based best practices.
19Appropriate State plan amendments as well as rules regarding
20provision of services and providers will be submitted by
21September 1, 2019.
22(Source: P.A. 101-10, eff. 6-5-19; 102-558, eff. 8-20-21.)
23    Section 905. The Adult Protective Services Act is amended



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1by changing Section 2 as follows:
2    (320 ILCS 20/2)  (from Ch. 23, par. 6602)
3    Sec. 2. Definitions. As used in this Act, unless the
4context requires otherwise:
5    (a) "Abandonment" means the desertion or willful forsaking
6of an eligible adult by an individual responsible for the care
7and custody of that eligible adult under circumstances in
8which a reasonable person would continue to provide care and
9custody. Nothing in this Act shall be construed to mean that an
10eligible adult is a victim of abandonment because of health
11care services provided or not provided by licensed health care
13    (a-1) "Abuse" means causing any physical, mental or sexual
14injury to an eligible adult, including exploitation of such
15adult's financial resources, and abandonment.
16    Nothing in this Act shall be construed to mean that an
17eligible adult is a victim of abuse, abandonment, neglect, or
18self-neglect for the sole reason that he or she is being
19furnished with or relies upon treatment by spiritual means
20through prayer alone, in accordance with the tenets and
21practices of a recognized church or religious denomination.
22    Nothing in this Act shall be construed to mean that an
23eligible adult is a victim of abuse because of health care
24services provided or not provided by licensed health care



HB4769 Enrolled- 42 -LRB102 23872 AMC 33065 b

1    (a-5) "Abuser" means a person who abuses, abandons,
2neglects, or financially exploits an eligible adult.
3    (a-6) "Adult with disabilities" means a person aged 18
4through 59 who resides in a domestic living situation and
5whose disability as defined in subsection (c-5) impairs his or
6her ability to seek or obtain protection from abuse,
7abandonment, neglect, or exploitation.
8    (a-7) "Caregiver" means a person who either as a result of
9a family relationship, voluntarily, or in exchange for
10compensation has assumed responsibility for all or a portion
11of the care of an eligible adult who needs assistance with
12activities of daily living or instrumental activities of daily
14    (b) "Department" means the Department on Aging of the
15State of Illinois.
16    (c) "Director" means the Director of the Department.
17    (c-5) "Disability" means a physical or mental disability,
18including, but not limited to, a developmental disability, an
19intellectual disability, a mental illness as defined under the
20Mental Health and Developmental Disabilities Code, or dementia
21as defined under the Alzheimer's Disease Assistance Act.
22    (d) "Domestic living situation" means a residence where
23the eligible adult at the time of the report lives alone or
24with his or her family or a caregiver, or others, or other
25community-based unlicensed facility, but is not:
26        (1) A licensed facility as defined in Section 1-113 of



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1    the Nursing Home Care Act;
2        (1.5) A facility licensed under the ID/DD Community
3    Care Act;
4        (1.6) A facility licensed under the MC/DD Act;
5        (1.7) A facility licensed under the Specialized Mental
6    Health Rehabilitation Act of 2013;
7        (2) A "life care facility" as defined in the Life Care
8    Facilities Act;
9        (3) A home, institution, or other place operated by
10    the federal government or agency thereof or by the State
11    of Illinois;
12        (4) A hospital, sanitarium, or other institution, the
13    principal activity or business of which is the diagnosis,
14    care, and treatment of human illness through the
15    maintenance and operation of organized facilities
16    therefor, which is required to be licensed under the
17    Hospital Licensing Act;
18        (5) A "community living facility" as defined in the
19    Community Living Facilities Licensing Act;
20        (6) (Blank);
21        (7) A "community-integrated living arrangement" as
22    defined in the Community-Integrated Living Arrangements
23    Licensure and Certification Act or a "community
24    residential alternative" as licensed under that Act;
25        (8) An assisted living or shared housing establishment
26    as defined in the Assisted Living and Shared Housing Act;



HB4769 Enrolled- 44 -LRB102 23872 AMC 33065 b

1    or
2        (9) A supportive living facility as described in
3    Section 5-5.01a of the Illinois Public Aid Code.
4    (e) "Eligible adult" means either an adult with
5disabilities aged 18 through 59 or a person aged 60 or older
6who resides in a domestic living situation and is, or is
7alleged to be, abused, abandoned, neglected, or financially
8exploited by another individual or who neglects himself or
9herself. "Eligible adult" also includes an adult who resides
10in any of the facilities that are excluded from the definition
11of "domestic living situation" under paragraphs (1) through
12(9) of subsection (d), if either: (i) the alleged abuse,
13abandonment, or neglect occurs outside of the facility and not
14under facility supervision and the alleged abuser is a family
15member, caregiver, or another person who has a continuing
16relationship with the adult; or (ii) the alleged financial
17exploitation is perpetrated by a family member, caregiver, or
18another person who has a continuing relationship with the
19adult, but who is not an employee of the facility where the
20adult resides.
21    (f) "Emergency" means a situation in which an eligible
22adult is living in conditions presenting a risk of death or
23physical, mental or sexual injury and the provider agency has
24reason to believe the eligible adult is unable to consent to
25services which would alleviate that risk.
26    (f-1) "Financial exploitation" means the use of an



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1eligible adult's resources by another to the disadvantage of
2that adult or the profit or advantage of a person other than
3that adult.
4    (f-5) "Mandated reporter" means any of the following
5persons while engaged in carrying out their professional
7        (1) a professional or professional's delegate while
8    engaged in: (i) social services, (ii) law enforcement,
9    (iii) education, (iv) the care of an eligible adult or
10    eligible adults, or (v) any of the occupations required to
11    be licensed under the Behavior Analyst Licensing Act, the
12    Clinical Psychologist Licensing Act, the Clinical Social
13    Work and Social Work Practice Act, the Illinois Dental
14    Practice Act, the Dietitian Nutritionist Practice Act, the
15    Marriage and Family Therapy Licensing Act, the Medical
16    Practice Act of 1987, the Naprapathic Practice Act, the
17    Nurse Practice Act, the Nursing Home Administrators
18    Licensing and Disciplinary Act, the Illinois Occupational
19    Therapy Practice Act, the Illinois Optometric Practice Act
20    of 1987, the Pharmacy Practice Act, the Illinois Physical
21    Therapy Act, the Physician Assistant Practice Act of 1987,
22    the Podiatric Medical Practice Act of 1987, the
23    Respiratory Care Practice Act, the Professional Counselor
24    and Clinical Professional Counselor Licensing and Practice
25    Act, the Illinois Speech-Language Pathology and Audiology
26    Practice Act, the Veterinary Medicine and Surgery Practice



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1    Act of 2004, and the Illinois Public Accounting Act;
2        (1.5) an employee of an entity providing developmental
3    disabilities services or service coordination funded by
4    the Department of Human Services;
5        (2) an employee of a vocational rehabilitation
6    facility prescribed or supervised by the Department of
7    Human Services;
8        (3) an administrator, employee, or person providing
9    services in or through an unlicensed community based
10    facility;
11        (4) any religious practitioner who provides treatment
12    by prayer or spiritual means alone in accordance with the
13    tenets and practices of a recognized church or religious
14    denomination, except as to information received in any
15    confession or sacred communication enjoined by the
16    discipline of the religious denomination to be held
17    confidential;
18        (5) field personnel of the Department of Healthcare
19    and Family Services, Department of Public Health, and
20    Department of Human Services, and any county or municipal
21    health department;
22        (6) personnel of the Department of Human Services, the
23    Guardianship and Advocacy Commission, the State Fire
24    Marshal, local fire departments, the Department on Aging
25    and its subsidiary Area Agencies on Aging and provider
26    agencies, and the Office of State Long Term Care



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1    Ombudsman;
2        (7) any employee of the State of Illinois not
3    otherwise specified herein who is involved in providing
4    services to eligible adults, including professionals
5    providing medical or rehabilitation services and all other
6    persons having direct contact with eligible adults;
7        (8) a person who performs the duties of a coroner or
8    medical examiner; or
9        (9) a person who performs the duties of a paramedic or
10    an emergency medical technician.
11    (g) "Neglect" means another individual's failure to
12provide an eligible adult with or willful withholding from an
13eligible adult the necessities of life including, but not
14limited to, food, clothing, shelter or health care. This
15subsection does not create any new affirmative duty to provide
16support to eligible adults. Nothing in this Act shall be
17construed to mean that an eligible adult is a victim of neglect
18because of health care services provided or not provided by
19licensed health care professionals.
20    (h) "Provider agency" means any public or nonprofit agency
21in a planning and service area that is selected by the
22Department or appointed by the regional administrative agency
23with prior approval by the Department on Aging to receive and
24assess reports of alleged or suspected abuse, abandonment,
25neglect, or financial exploitation. A provider agency is also
26referenced as a "designated agency" in this Act.



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1    (i) "Regional administrative agency" means any public or
2nonprofit agency in a planning and service area that provides
3regional oversight and performs functions as set forth in
4subsection (b) of Section 3 of this Act. The Department shall
5designate an Area Agency on Aging as the regional
6administrative agency or, in the event the Area Agency on
7Aging in that planning and service area is deemed by the
8Department to be unwilling or unable to provide those
9functions, the Department may serve as the regional
10administrative agency or designate another qualified entity to
11serve as the regional administrative agency; any such
12designation shall be subject to terms set forth by the
14    (i-5) "Self-neglect" means a condition that is the result
15of an eligible adult's inability, due to physical or mental
16impairments, or both, or a diminished capacity, to perform
17essential self-care tasks that substantially threaten his or
18her own health, including: providing essential food, clothing,
19shelter, and health care; and obtaining goods and services
20necessary to maintain physical health, mental health,
21emotional well-being, and general safety. The term includes
22compulsive hoarding, which is characterized by the acquisition
23and retention of large quantities of items and materials that
24produce an extensively cluttered living space, which
25significantly impairs the performance of essential self-care
26tasks or otherwise substantially threatens life or safety.



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1    (j) "Substantiated case" means a reported case of alleged
2or suspected abuse, abandonment, neglect, financial
3exploitation, or self-neglect in which a provider agency,
4after assessment, determines that there is reason to believe
5abuse, abandonment, neglect, or financial exploitation has
7    (k) "Verified" means a determination that there is "clear
8and convincing evidence" that the specific injury or harm
9alleged was the result of abuse, abandonment, neglect, or
10financial exploitation.
11(Source: P.A. 102-244, eff. 1-1-22.)
12    Section 910. The Abused and Neglected Child Reporting Act
13is amended by changing Section 4 as follows:
14    (325 ILCS 5/4)
15    Sec. 4. Persons required to report; privileged
16communications; transmitting false report.
17    (a) The following persons are required to immediately
18report to the Department when they have reasonable cause to
19believe that a child known to them in their professional or
20official capacities may be an abused child or a neglected
22        (1) Medical personnel, including any: physician
23    licensed to practice medicine in any of its branches
24    (medical doctor or doctor of osteopathy); resident;



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1    intern; medical administrator or personnel engaged in the
2    examination, care, and treatment of persons; psychiatrist;
3    surgeon; dentist; dental hygienist; chiropractic
4    physician; podiatric physician; physician assistant;
5    emergency medical technician; acupuncturist; registered
6    nurse; licensed practical nurse; advanced practice
7    registered nurse; genetic counselor; respiratory care
8    practitioner; home health aide; or certified nursing
9    assistant.
10        (2) Social services and mental health personnel,
11    including any: licensed professional counselor; licensed
12    clinical professional counselor; licensed social worker;
13    licensed clinical social worker; licensed psychologist or
14    assistant working under the direct supervision of a
15    psychologist; associate licensed marriage and family
16    therapist; licensed marriage and family therapist; field
17    personnel of the Departments of Healthcare and Family
18    Services, Public Health, Human Services, Human Rights, or
19    Children and Family Services; supervisor or administrator
20    of the General Assistance program established under
21    Article VI of the Illinois Public Aid Code; social
22    services administrator; or substance abuse treatment
23    personnel.
24        (3) Crisis intervention personnel, including any:
25    crisis line or hotline personnel; or domestic violence
26    program personnel.



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1        (4) Education personnel, including any: school
2    personnel (including administrators and certified and
3    non-certified school employees); personnel of institutions
4    of higher education; educational advocate assigned to a
5    child in accordance with the School Code; member of a
6    school board or the Chicago Board of Education or the
7    governing body of a private school (but only to the extent
8    required under subsection (d)); or truant officer.
9        (5) Recreation or athletic program or facility
10    personnel.
11        (6) Child care personnel, including any: early
12    intervention provider as defined in the Early Intervention
13    Services System Act; director or staff assistant of a
14    nursery school or a child day care center; or foster
15    parent, homemaker, or child care worker.
16        (7) Law enforcement personnel, including any: law
17    enforcement officer; field personnel of the Department of
18    Juvenile Justice; field personnel of the Department of
19    Corrections; probation officer; or animal control officer
20    or field investigator of the Department of Agriculture's
21    Bureau of Animal Health and Welfare.
22        (8) Any funeral home director; funeral home director
23    and embalmer; funeral home employee; coroner; or medical
24    examiner.
25        (9) Any member of the clergy.
26        (10) Any physician, physician assistant, registered



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1    nurse, licensed practical nurse, medical technician,
2    certified nursing assistant, licensed social worker,
3    licensed clinical social worker, or licensed professional
4    counselor of any office, clinic, licensed behavior
5    analyst, licensed assistant behavior analyst, or any other
6    physical location that provides abortions, abortion
7    referrals, or contraceptives.
8    (b) When 2 or more persons who work within the same
9workplace and are required to report under this Act share a
10reasonable cause to believe that a child may be an abused or
11neglected child, one of those reporters may be designated to
12make a single report. The report shall include the names and
13contact information for the other mandated reporters sharing
14the reasonable cause to believe that a child may be an abused
15or neglected child. The designated reporter must provide
16written confirmation of the report to those mandated reporters
17within 48 hours. If confirmation is not provided, those
18mandated reporters are individually responsible for
19immediately ensuring a report is made. Nothing in this Section
20precludes or may be used to preclude any person from reporting
21child abuse or child neglect.
22    (c)(1) As used in this Section, "a child known to them in
23their professional or official capacities" means:
24        (A) the mandated reporter comes into contact with the
25    child in the course of the reporter's employment or
26    practice of a profession, or through a regularly scheduled



HB4769 Enrolled- 53 -LRB102 23872 AMC 33065 b

1    program, activity, or service;
2        (B) the mandated reporter is affiliated with an
3    agency, institution, organization, school, school
4    district, regularly established church or religious
5    organization, or other entity that is directly responsible
6    for the care, supervision, guidance, or training of the
7    child; or
8        (C) a person makes a specific disclosure to the
9    mandated reporter that an identifiable child is the victim
10    of child abuse or child neglect, and the disclosure
11    happens while the mandated reporter is engaged in his or
12    her employment or practice of a profession, or in a
13    regularly scheduled program, activity, or service.
14    (2) Nothing in this Section requires a child to come
15before the mandated reporter in order for the reporter to make
16a report of suspected child abuse or child neglect.
17    (d) If an allegation is raised to a school board member
18during the course of an open or closed school board meeting
19that a child who is enrolled in the school district of which he
20or she is a board member is an abused child as defined in
21Section 3 of this Act, the member shall direct or cause the
22school board to direct the superintendent of the school
23district or other equivalent school administrator to comply
24with the requirements of this Act concerning the reporting of
25child abuse. For purposes of this paragraph, a school board
26member is granted the authority in his or her individual



HB4769 Enrolled- 54 -LRB102 23872 AMC 33065 b

1capacity to direct the superintendent of the school district
2or other equivalent school administrator to comply with the
3requirements of this Act concerning the reporting of child
5    Notwithstanding any other provision of this Act, if an
6employee of a school district has made a report or caused a
7report to be made to the Department under this Act involving
8the conduct of a current or former employee of the school
9district and a request is made by another school district for
10the provision of information concerning the job performance or
11qualifications of the current or former employee because he or
12she is an applicant for employment with the requesting school
13district, the general superintendent of the school district to
14which the request is being made must disclose to the
15requesting school district the fact that an employee of the
16school district has made a report involving the conduct of the
17applicant or caused a report to be made to the Department, as
18required under this Act. Only the fact that an employee of the
19school district has made a report involving the conduct of the
20applicant or caused a report to be made to the Department may
21be disclosed by the general superintendent of the school
22district to which the request for information concerning the
23applicant is made, and this fact may be disclosed only in cases
24where the employee and the general superintendent have not
25been informed by the Department that the allegations were
26unfounded. An employee of a school district who is or has been



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1the subject of a report made pursuant to this Act during his or
2her employment with the school district must be informed by
3that school district that if he or she applies for employment
4with another school district, the general superintendent of
5the former school district, upon the request of the school
6district to which the employee applies, shall notify that
7requesting school district that the employee is or was the
8subject of such a report.
9    (e) Whenever such person is required to report under this
10Act in his capacity as a member of the staff of a medical or
11other public or private institution, school, facility or
12agency, or as a member of the clergy, he shall make report
13immediately to the Department in accordance with the
14provisions of this Act and may also notify the person in charge
15of such institution, school, facility or agency, or church,
16synagogue, temple, mosque, or other religious institution, or
17his designated agent that such report has been made. Under no
18circumstances shall any person in charge of such institution,
19school, facility or agency, or church, synagogue, temple,
20mosque, or other religious institution, or his designated
21agent to whom such notification has been made, exercise any
22control, restraint, modification or other change in the report
23or the forwarding of such report to the Department.
24    (f) In addition to the persons required to report
25suspected cases of child abuse or child neglect under this
26Section, any other person may make a report if such person has



HB4769 Enrolled- 56 -LRB102 23872 AMC 33065 b

1reasonable cause to believe a child may be an abused child or a
2neglected child.
3    (g) The privileged quality of communication between any
4professional person required to report and his patient or
5client shall not apply to situations involving abused or
6neglected children and shall not constitute grounds for
7failure to report as required by this Act or constitute
8grounds for failure to share information or documents with the
9Department during the course of a child abuse or neglect
10investigation. If requested by the professional, the
11Department shall confirm in writing that the information or
12documents disclosed by the professional were gathered in the
13course of a child abuse or neglect investigation.
14    The reporting requirements of this Act shall not apply to
15the contents of a privileged communication between an attorney
16and his or her client or to confidential information within
17the meaning of Rule 1.6 of the Illinois Rules of Professional
18Conduct relating to the legal representation of an individual
20    A member of the clergy may claim the privilege under
21Section 8-803 of the Code of Civil Procedure.
22    (h) Any office, clinic, or any other physical location
23that provides abortions, abortion referrals, or contraceptives
24shall provide to all office personnel copies of written
25information and training materials about abuse and neglect and
26the requirements of this Act that are provided to employees of



HB4769 Enrolled- 57 -LRB102 23872 AMC 33065 b

1the office, clinic, or physical location who are required to
2make reports to the Department under this Act, and instruct
3such office personnel to bring to the attention of an employee
4of the office, clinic, or physical location who is required to
5make reports to the Department under this Act any reasonable
6suspicion that a child known to him or her in his or her
7professional or official capacity may be an abused child or a
8neglected child.
9    (i) Any person who enters into employment on and after
10July 1, 1986 and is mandated by virtue of that employment to
11report under this Act, shall sign a statement on a form
12prescribed by the Department, to the effect that the employee
13has knowledge and understanding of the reporting requirements
14of this Act. On and after January 1, 2019, the statement shall
15also include information about available mandated reporter
16training provided by the Department. The statement shall be
17signed prior to commencement of the employment. The signed
18statement shall be retained by the employer. The cost of
19printing, distribution, and filing of the statement shall be
20borne by the employer.
21    (j) Persons required to report child abuse or child
22neglect as provided under this Section must complete an
23initial mandated reporter training, including a section on
24implicit bias, within 3 months of their date of engagement in a
25professional or official capacity as a mandated reporter, or
26within the time frame of any other applicable State law that



HB4769 Enrolled- 58 -LRB102 23872 AMC 33065 b

1governs training requirements for a specific profession, and
2at least every 3 years thereafter. The initial requirement
3only applies to the first time they engage in their
4professional or official capacity. In lieu of training every 3
5years, medical personnel, as listed in paragraph (1) of
6subsection (a), must meet the requirements described in
7subsection (k).
8    The mandated reporter trainings shall be in-person or
9web-based, and shall include, at a minimum, information on the
10following topics: (i) indicators for recognizing child abuse
11and child neglect, as defined under this Act; (ii) the process
12for reporting suspected child abuse and child neglect in
13Illinois as required by this Act and the required
14documentation; (iii) responding to a child in a
15trauma-informed manner; and (iv) understanding the response of
16child protective services and the role of the reporter after a
17call has been made. Child-serving organizations are encouraged
18to provide in-person annual trainings.
19    The implicit bias section shall be in-person or web-based,
20and shall include, at a minimum, information on the following
21topics: (i) implicit bias and (ii) racial and ethnic
22sensitivity. As used in this subsection, "implicit bias" means
23the attitudes or internalized stereotypes that affect people's
24perceptions, actions, and decisions in an unconscious manner
25and that exist and often contribute to unequal treatment of
26people based on race, ethnicity, gender identity, sexual



HB4769 Enrolled- 59 -LRB102 23872 AMC 33065 b

1orientation, age, disability, and other characteristics. The
2implicit bias section shall provide tools to adjust automatic
3patterns of thinking and ultimately eliminate discriminatory
4behaviors. During these trainings mandated reporters shall
5complete the following: (1) a pretest to assess baseline
6implicit bias levels; (2) an implicit bias training task; and
7(3) a posttest to reevaluate bias levels after training. The
8implicit bias curriculum for mandated reporters shall be
9developed within one year after the effective date of this
10amendatory Act of the 102nd General Assembly and shall be
11created in consultation with organizations demonstrating
12expertise and or experience in the areas of implicit bias,
13youth and adolescent developmental issues, prevention of child
14abuse, exploitation, and neglect, culturally diverse family
15systems, and the child welfare system.
16    The mandated reporter training, including a section on
17implicit bias, shall be provided through the Department,
18through an entity authorized to provide continuing education
19for professionals licensed through the Department of Financial
20and Professional Regulation, the State Board of Education, the
21Illinois Law Enforcement Training Standards Board, or the
22Department of State Police, or through an organization
23approved by the Department to provide mandated reporter
24training, including a section on implicit bias. The Department
25must make available a free web-based training for reporters.
26    Each mandated reporter shall report to his or her employer



HB4769 Enrolled- 60 -LRB102 23872 AMC 33065 b

1and, when applicable, to his or her licensing or certification
2board that he or she received the mandated reporter training.
3The mandated reporter shall maintain records of completion.
4    Beginning January 1, 2021, if a mandated reporter receives
5licensure from the Department of Financial and Professional
6Regulation or the State Board of Education, and his or her
7profession has continuing education requirements, the training
8mandated under this Section shall count toward meeting the
9licensee's required continuing education hours.
10    (k)(1) Medical personnel, as listed in paragraph (1) of
11subsection (a), who work with children in their professional
12or official capacity, must complete mandated reporter training
13at least every 6 years. Such medical personnel, if licensed,
14must attest at each time of licensure renewal on their renewal
15form that they understand they are a mandated reporter of
16child abuse and neglect, that they are aware of the process for
17making a report, that they know how to respond to a child in a
18trauma-informed manner, and that they are aware of the role of
19child protective services and the role of a reporter after a
20call has been made.
21    (2) In lieu of repeated training, medical personnel, as
22listed in paragraph (1) of subsection (a), who do not work with
23children in their professional or official capacity, may
24instead attest each time at licensure renewal on their renewal
25form that they understand they are a mandated reporter of
26child abuse and neglect, that they are aware of the process for



HB4769 Enrolled- 61 -LRB102 23872 AMC 33065 b

1making a report, that they know how to respond to a child in a
2trauma-informed manner, and that they are aware of the role of
3child protective services and the role of a reporter after a
4call has been made. Nothing in this paragraph precludes
5medical personnel from completing mandated reporter training
6and receiving continuing education credits for that training.
7    (l) The Department shall provide copies of this Act, upon
8request, to all employers employing persons who shall be
9required under the provisions of this Section to report under
10this Act.
11    (m) Any person who knowingly transmits a false report to
12the Department commits the offense of disorderly conduct under
13subsection (a)(7) of Section 26-1 of the Criminal Code of
142012. A violation of this provision is a Class 4 felony.
15    Any person who knowingly and willfully violates any
16provision of this Section other than a second or subsequent
17violation of transmitting a false report as described in the
18preceding paragraph, is guilty of a Class A misdemeanor for a
19first violation and a Class 4 felony for a second or subsequent
20violation; except that if the person acted as part of a plan or
21scheme having as its object the prevention of discovery of an
22abused or neglected child by lawful authorities for the
23purpose of protecting or insulating any person or entity from
24arrest or prosecution, the person is guilty of a Class 4 felony
25for a first offense and a Class 3 felony for a second or
26subsequent offense (regardless of whether the second or



HB4769 Enrolled- 62 -LRB102 23872 AMC 33065 b

1subsequent offense involves any of the same facts or persons
2as the first or other prior offense).
3    (n) A child whose parent, guardian or custodian in good
4faith selects and depends upon spiritual means through prayer
5alone for the treatment or cure of disease or remedial care may
6be considered neglected or abused, but not for the sole reason
7that his parent, guardian or custodian accepts and practices
8such beliefs.
9    (o) A child shall not be considered neglected or abused
10solely because the child is not attending school in accordance
11with the requirements of Article 26 of the School Code, as
13    (p) Nothing in this Act prohibits a mandated reporter who
14reasonably believes that an animal is being abused or
15neglected in violation of the Humane Care for Animals Act from
16reporting animal abuse or neglect to the Department of
17Agriculture's Bureau of Animal Health and Welfare.
18    (q) A home rule unit may not regulate the reporting of
19child abuse or neglect in a manner inconsistent with the
20provisions of this Section. This Section is a limitation under
21subsection (i) of Section 6 of Article VII of the Illinois
22Constitution on the concurrent exercise by home rule units of
23powers and functions exercised by the State.
24    (r) For purposes of this Section "child abuse or neglect"
25includes abuse or neglect of an adult resident as defined in
26this Act.



HB4769 Enrolled- 63 -LRB102 23872 AMC 33065 b

1(Source: P.A. 101-564, eff. 1-1-20; 102-604, eff. 1-1-22.)
2    Section 999. Effective date. This Act takes effect upon
3becoming law.